Alvarez v. Dade County School Board
This text of 482 So. 2d 542 (Alvarez v. Dade County School Board) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The two critical issues presented in this schoolground accident case were: one, at what time did the school authorities undertake to provide adult supervision on the school premises, and two, precisely at what time did the accident in question occur. The testimony on both of these issues was controverted. As a directed verdict is appropriate only when the evidence and all reasonable inferences therefrom fail to prove the plaintiffs case, it was error for the trial court to have directed a verdict in favor of the School Board. See Hartnett v. Fowler, 94 So.2d 724 (Fla.1957); Martin v. Kendall, 96 So.2d 668 (Fla.3d DCA 1957), cert. dismissed, 102 So.2d 727 (Fla.1958).
Accordingly, we reverse and remand for proper resolution of the factual issues. In view of our reversal of the directed verdict on these issues, we find it unnecessary to address appellant’s other points.
Reversed and remanded for further proceedings.
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Cite This Page — Counsel Stack
482 So. 2d 542, 30 Educ. L. Rep. 965, 11 Fla. L. Weekly 324, 1986 Fla. App. LEXIS 6169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-dade-county-school-board-fladistctapp-1986.